About the Relationship between Public and Private Interests in Law (from the Perspective of Classical and Modern German Legal Dogmatics)

This article examines the issue of interest in law and the relationship between public and private interests from the perspective of classical German legal dogmatics and contemporary German legal theory. The article analyzes the use of the category of interest, beginning with Rudolf von Ihering’s concept and continuing through the positions of contemporary German-language authors. A conclusion is made about the possibility of a dual perception of interest in law as an origin of law (legal interest) and as a source of law (expressed externally subjective interests of persons), which makes it possible to argue for the difference between the source of law and the form of law in modern legal doctrine.